ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.

2. The present application is filed under Section

439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.No.11207048240013 of 2024 registered with Morva Police Station, District Panchmahal, for the offence punishable under Sections 384, 389, 452, 170, 504, 114 and 120B of the Indian Penal Code and Section 135 of the Gujarat Police Act.

3. Learned advocate Mr. Samani appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that applicant has been arrested on 12.01.2024 and since then he is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. He submits that as per the case of the prosecution, applicant has impersonated himself as police officer and demanded amount illegally from the complainant and during the transaction he and other co-accued persons took Rs.40,000/- from the complainant. He further submits that all the offences are exclusively triable by the Court of Magistrate. He, therefore, submits that considering the role attributed by the applicant at the time of commission of crime and the above stated factual aspects, applicant may be enlarged on bail by imposing suitable terms and conditions.

4. Learned APP Ms. Monali Bhatt has objected present application with vehemence and submitted that the conduct of the applicant accused is required to be seen. The applicant and other co- accused have impersonated themselves as police officers and they had gone to the house of complainant under the pretext of search and they have administered threat to the complainant and demanded certain amount, due to which, the complainant has sold her ornaments and paid Rs.40,000/- to them and said amount is recovered from the accused persons. The record clearly goes on to show direct involvement of the present applicant accused in the commission of crime. Hence, present application may not be entertained.

5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that applicant is in jail since 12.01.2024. Investigation is over and charge-sheet is filed. As per the case of the prosecution, applicant has impersonated himself as police officer and demanded amount illegally from the complainant and during the transaction, he and other co-accused persons took Rs.40,000/- from the complainant. All the offences are exclusively triable by the Court of Magistrate. Thus, in view of the aforesaid factual aspects of the matter, I am inclined to consider this application.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with C.R.No.11207048240013 of 2024 registered with Morva Police Station, District Panchmahal, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfact